Breadcrumbs

Bayko, Andrew Docket No. 139

Case No.: 139

Doc. Type: Agreements

Parties: IN THE MATTER OF ANDREW BAYKO

Date: February 9, 1981

DISPOSITION AGREEMENT

Page 34

This Agreement is entered into between the State Ethics Commission ("Commission") and Andrew Bayko ("Mr. Bayko") pursuant to Section 11 of the Commission's Procedures Covering the Initiation and Conduct of Preliminary Inquiries and Investigations. The parties agree that this Agreement constitutes an assented to final order of the Commission enforceable in the Superior Court of the Commonwealth.

On September 26, 1980, the Commission, pursuant to Section 4(a) of General Laws Chapter 268B, initiated a Preliminary Inquiry into possible violations of the Conflict-of-Interest law, General Laws Chapter 268A, involving Mr. Bayko, the former Wiring Inspector for the Town of Salisbury.

The Commission has concluded its Inquiry into Mr. Bayko's involvement in the matters set forth herein and makes the following findings of fact and conclusions of law to which the parties hereto agree:

1. Mr. Bayko was employed by the Town of Salisbury as its Wiring Inspector, during the period from June, 1973 through September 15, 1980, and as such was a "municipal employee" within the meaning of Section 1(g) of General Laws Chapter 268A.

2. On September 8,1980, Mr. Bayko submitted his resignation to the Salisbury Board of Selectmen, and the same was accepted effective September 15, 1980. Although Mr. Bayko had attempted to resign his position on two prior occasions, he had been asked by the Selectmen, and he had agreed, to continue in his capacity as Wiring Inspector.

3. Mr. Bayko's official duties as the Town of Salisbury Wiring Inspector included the issuing of wiring permits for electrical work being done in the town, enforcing Section 3L of General Laws Chapter 143 which requires that wiring permits be applied for and obtained for all such electrical work, and inspecting all electrical work performed in the town to insure its compliance with Massachusetts Electrical Code, 527 CMR 12.00.

4. In addition to his official duties as Wiring Inspector, Mr. Bayko has, since approximately 1974, performed private electrical work .in the Town of Salisbury through Bayko Electrical Company.

5. Mr. Bayko, during the years he served as the Salisbury Wiring Inspector, did not apply for and obtain electrical permits for the private electrical work that he performed in the Town of Salisbury, as required by General Laws Chapter 143, Section 3L. His appointing authority, the Salisbury Board of Selectmen, was aware that Mr. Bayko was performing private services as an electrician in the Town of Salisbury but was unaware that permits were not being obtained for this work.

6. Mr. Bayko, during the years he served as the Salisbury Wiring Inspector, did not have the work he performed as a private electrician in Salisbury, inspected as required by General Laws, Chapter 143, Section 3L.

7. Mr. Bayko, by his conduct as set out in paragraphs 3-6 above, violated the standards of conduct for municipal employees set out in Sections 23(d) and (e) of General Laws Chapter 268A, which standards prohibit municipal employees and officials from engaging in conduct which creates the impression that they can be unduly affected in the performance of their official duties, and

from securing unwarranted privileges or exemptions for themselves or others.

8. Mr. Bayko by his conduct as set out in paragraphs 3-6 above, violated Section 19 of General Laws Chapter 268A, by participating in official matters in which he had a financial interest.

WHEREFORE, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings on the basis of the following representations, terms and conditions hereby made and agreed to by Andrew Bayko:

1. That he is represented by David Hallinan, Esquire, One Church St., Salem, MA, 01970, and has been fully advised as to all matters relating to these proceedings and this Agreement;

Page 35

2. That he will in the future cease and desist from participating in his official capacity in matters in which he has a financial interest;

3. That he pay forthwith to the Commission a civil penalty which, in view of other sanctions imposed on Mr. Bayko by the Board of Examiners of Electricians, the Commission has set at $250; and

4. That he waive all rights to contest the findings of fact, conclusion of law, and terms and conditions contained in this Agreement, in this or any related administrative or judicial proceedings.